When you are facing DUI charges, the strength of your defense can mean the difference between a conviction and an acquittal. An experienced DUI attorney will know how to build a strong case on your behalf, based on the specific facts and circumstances of your arrest.
What Is a DUI?
DUI stands for “driving under the influence.” In most states, this crime is committed when a person operates a motor vehicle while impaired by alcohol or drugs.
State laws vary, but generally, a person can be charged with DUI if their blood alcohol content (BAC) is above the legal limit. In most states, this limit is 0.08%.
However, a person can also be charged with DUI even if their BAC is below the legal limit. This is because impairment can occur at lower levels of alcohol consumption, depending on individual factors like body weight and metabolism.
In some states, DUI laws have been expanded to include “drugged driving.” This means that a person can be charged with DUI if they are impaired by drugs, even if those drugs are legal, like prescription medication.
What Are the Penalties for a DUI?
The penalties for DUI vary from state to state, but they can be very serious. A first offense can result in a fine, jail time, and a license suspension. A second offense can result in harsher penalties, including a longer jail sentence and a longer license suspension.
In some states, a third DUI offense is classified as a felony, which can result in even more serious penalties, like a prison sentence.
DUI charges can also have long-lasting consequences, even if you are not convicted. A DUI arrest will appear on your criminal record, which can make it difficult to get a job, rent an apartment, or obtain insurance.
Ways to Make Your DUI Defense Strong
There are a number of different ways to approach a DUI defense, depending on the facts of the case. One common strategy is to challenge the police officers’ account of events leading up to the arrest. This may involve questioning the officers’ observations and procedures, and raising doubts about their conclusions.
It may also be possible to challenge the results of the chemical tests that were administered. This can be done by questioning the reliability of the testing equipment, or by challenging the procedures that were used.
In some cases, it may be possible to negotiate a plea bargain with the prosecutor. This could result in a reduced charge or a lighter sentence.
If you are facing DUI charges, it is important to consult with an experienced attorney who can help you explore all of your legal options. With the right defense, you may be able to avoid a conviction and protect your rights.
Your attorney may argue that the police did not have probable cause to stop your vehicle in the first place. If the stop was illegal, then any evidence obtained as a result of it may be suppressed and cannot be used against you at trial.
Your attorney may also challenge the results of your field sobriety tests or breathalyzer test. There are a number of ways to do this, depending on the specific facts of your case. For example, if the arresting officer did not properly calibrate the breathalyzer machine, the results may be inaccurate.
Or if you have a medical condition that could impact the results of the field sobriety tests, your attorney can use this to your advantage.
Ultimately, the strength of your DUI defense will depend on the specific facts and circumstances of your case. An experienced DUI attorney will know how to investigate the details of your arrest and build a strong case.
It is also important to remember that you have the right to remain silent when you are arrested for DUI. Anything you say to the police can be used against you in court. Therefore, it is always best to exercise your right to remain silent and speak to an attorney as soon as possible.
If you have been charged with DUI, do not try to handle the case on your own. An experienced DUI attorney can help you understand your rights and build a strong defense on your behalf. Contact a DUI attorney today to schedule a consultation.
